Talkiet: No, I wouldn't be _happy_, but I also wouldn't expect the supplying company to build extra network (a new cabinet, or replacing copper lines) unless it also worked financially for them.

That's ridiculous. You wouldn't expect them to advertise the deal in the first place if they couldn't support it. You know as well as I do that it's false advertising and they are currently open to legal action if all 75GB cannot be downloaded in a given month by an average torrent plan user.

They may as well advertise 1 million free gigabytes. Consumers are lured into plans like this with the expectation that the usage is feasible.

BS.

Legal action? Don't make me laugh.

Or, you could do what many level headed people have recommended - hurt them the best way you can - vote with your wallet and choose another provider.

Seriously? If you detest what they have done so much - why are you still paying them for the service? That's not a rhetorical question - when a company I use pisses me around or supplies substandard service, I move. Why haven't you?

Don't deflect, answer that question in a rational way.

Cheers - N

Do you have any knowledge of our legal system whatsoever? Don't lecture on things you don't know.

I'm not a customer, just an obvserver, commenting on a completely stupid post you left. Was that rational enough for you?

If I were a customer, and Xnet had advertised 75 free GB to use in a month, and I had signed up under these pretenses, I would be demanding my bills in entirety refunded, as well as any costs associated with moving back to my old provider. Do you know why I would be entitled to this? Because false advertising is illegal. Your paltry attempt at arguing that 'Xnet never claimed all 75GB could be used at their provided speeds' would never fly in court. Xnet's claim is intentionally ambiguousat best, meaning they are, at the very least, still misleading consumers. You may not advertise what you cannot provide.

They don`t guarantee 75 GB. They just say that if you can get 75GB, it will be free. The false advertizing is calling it a FS broadband plan hehe. But I think technically it is broadband, even if in practice it is dial-up.

attilathegorilla: Pooling torrenters is unheard of in the history of the internet, I reckon. Heavy downloaders are legitimate users just like online gamers or internet businesses and deserve the same quality of service. It`s Xnet`s job to implement solutions to make sure their bandwidth doesn`t get exhausted, but not by chucking torrenters into a tiny cage from one day to the next, especially when they had given them a taste of proper service on the exact same plan for months before.

Ignoring the fact that your statements conflict with each other, I can happily tell you Xnet is not the first or the last ISP in the world to "pool torrenters". It's been done since DSL was introduced in New Zealand (and many other countries around the world).

While this thread has been mildly entertaining (and great at filling up my mailbox with "A new reply has been posted!") messages, I do think that both sides need to re-evaluate things: Xnet has obviously miscalculated the market and launched a plan which can't be successful, and I suspect they're probably trying to manage it via attrition and some network techniques now. The end-users developed an unreasonable expectation (just because you are sold "UP TO" 75GB doesn't mean you WILL get that 75GB), and are now re-learning a lesson. This is like a repeat of 2001 (JetStart) and 2004 (256K DSL via UBS) for me, so it's been quite entertaining to read.

Until the cost of selling the service drops markedly (this includes both international transit and the wholesale access, be it LLU or via UBA), restrictions will remain on services like these and there will be continuous churn from one provider to the next from the market base who is largely vocal and unprofitable. I don't think you'll find too many ISPs worry that much.

As for legal action -- good luck. You might have a case on the "reasonable expectation" to be able to download 75GB, but it is shaky and I think there would be reasonable (and justifiable) legal defences to that if it ever went to court.

Enjoy your Internet; remember it's not a utility [yet] and it's certainly not a right.

Its like an all you can eat buffet with not enough food to go around :)

Personally i think not many people on the torrent have a legal leg to stand on because of the activities they indulge in :)

However its still misleading and anti compeditive behavior so i think they should get fined. Most people overlook the impact this torrent plan has on other ISP's. How many of their customers switched to xnet for the promise of greener pastures.

It should be the other ISP's affected that file a complaint with the commerce commision, and put an end to this nonsense.

skiik: However its still misleading and anti compeditive behavior so i think they should get fined. Most people overlook the impact this torrent plan has on other ISP's. How many of their customers switched to xnet for the promise of greener pastures.

It should be the other ISP's affected that file a complaint with the commerce commision, and put an end to this nonsense.

Just my two cents

Misleading maybe. Anticompetitive- not a chance - it is the very definition of competition.

As for the other ISPs filing a complaint, I suspect most of them were thinking "Xnet are mad enough to take our least profitable customers? Good lucky to them!".

I can happily tell you Xnet is not the first or the last ISP in the world to "pool torrenters". It's been done since DSL was introduced in New Zealand (and many other countries around the world).

Pooling torrenters can only happen on a voluntary basis, ie. if such customers all go and join a special plan that is designed for them. Xnet`s Torrent plan is the first I`ve ever seen that is designed specifically for torrenters ONLY. If customers don`t voluntarily join this now totally useless plan, then it`s impossible to pool torrenters. They can discriminate against the activity of torrenting, but not the customers who regularly torrent.

PenultimateHop:

As for legal action -- good luck. You might have a case on the "reasonable expectation" to be able to download 75GB, but it is shaky and I think there would be reasonable (and justifiable) legal defences to that if it ever went to court.

Enjoy your Internet; remember it's not a utility [yet] and it's certainly not a right.

PH.

Oh how convenient. If it`s not one`s right to get the service that they pay for, then I`m gonna start a business, life is good. This time next year I`ll be a millionaire. They should not get involved in the business, if they can`t provide reasonable service for all their customers.